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Minutes - 06/17/1958 - Board of Trustees
-- � �. ,.e,` i�,�5sw • ia_,.� ;rJitt: -. �agN�D^i. nr4t��� n�-y �r:v'F C.,UN'tr Nua4Tr ra �U On June 17th at 700 the Trustees of the pillage of Oak Brook met to Continue the meeting of June 10th, Roll was called with Mr. Butler and Mr, Rrrreger being absent. Mr. Afohlmen read the now or changed sections of the Liquor Ordiwmce, Mrs. Peyton made the motion and Mr. Kolar seconded the motion to adopt the 5-7 Liquor Ordinance which shall be known an 8..79 a copy of which said ordinance is attached hereto and by reference io made a part of there minutes* The board voted as follows$ Mr. Calhoun . year Mr. Oarlson - yes: Mr. Kolar - Vans Mrs. Peyton w yes v W. 1 %hlman - yes. byes - 5P Nays - 0 e Mr. Mohlmen brought the Board up'to date on the City of Utopia dealings. He also read a letter from Attorney,Bowers regarding tho Oak Brook Police Department. No definate decision was made as to Mr. Ott's beooming a member of the department. This is to be held over antil all members are present -and it fan be fully ,discansed. Mr. prison made the motion, seconded by Mr. Calhoun and the Board voted to adjourn af, 8150 FM. (600110-58 #A AN ORIMAY04 REGMATING THE SALE OF ALCOROLM LIQUOR WITHIN THE VIUAGE BE IT eRDAINED by the President and Board of Trustees of the Village of Oakbrook, County of But Page, State of Illinois, eke follows Agjtt ,on 1. ArjotiQ : Unless the context otherwise requires, the following terms as used in this ordinance shall be construed according to the definitions given below goh c aM - Any alooholia spirits, wine or beer, and every liquid or solid, compounded or nots containing alcoholic spirits, aline or beer, and capable of being consumed as a beverage by human beings except that the provisions of this ordinance shall not apply to alcohol used in the manufacture of denatured alcohol produced in ancsordsnee with Acts of Congress and regula- tione promulgated thereunder, nor to any liquid or solid oontaining one -iolf of one percent, or less, of alcohol by volume. ftU - The sale, or offering for sale, of alcoholic l tguor for use or consumption and not for resale in any form. Sgalloa- ,. LLgegpe. Begulrea: It shall be unlawful for avy periRon, firm or corporation to sell or offer for sale, at ratall, witbiln the limits of the Village of Oakbrook, any alcoholia liquor without having first secured a retail liquor dealer a li4ense, or in violation of the term of such 11cense or in violation of the provisions of this ordinance. ff&diM 3. Classes of ilaense�� Retail liquor dealers licenses shall be divided Into two classes as follows: A: *Class A" license which shall be issu A for a period of one year* Bt "Clan a DO license which shall be Issued for a period of twenty four hours only. Commissioner-. The President of the Board of Trustees of the Ville m akbrook shall be the local 13quor control commissioner and shall be charged with the adw:.nistration in said village of the appropriate provisions 09' this ordinance and other ordinances or *bsolu- t1ons relating to alcoholic liquor as may be enacted. The said President of the Board of Trustees my appoint not more than Uwo persons residing in said village to assist him in the examine of the power* and the parfor®ance of the duties provided for, in accordance with tt!a provisions of the Illinols Statutes in such csaaaa made and provided. Sea ti ce It PMMrs fit _ The iquer oontrol aominieftr sall. aleo baft t e following powers, fMAcatioas and dudes with respect to licenses g ated hereunderi 8. To ant and/or Pad for not more than thirty days, or CpVdke for aaaeo. all local 11 8e118e0 is,sned to persons for promises within his jurlediotion; be To enter or to authorise any law enforcing officer to enter at any time upon any premises licensed hereundor to detoroine whether any of the provisions of this Rot or any rules or resgOatlons adopted by his or by the State 00=1e010n MY* been or are belt* vlolate i. and at suoh time to ©za®ine said promises of asid licensee in connection therewith; ©. TO r"41v* mo®plaint °roc airy oiUxon Kthin his Jurisdiction that any of the provislost of this &6t, or any rules 0 regulations adopted errata t ipreto, hive been or are b6ing violated end to amt -up*g auth ooapiaeiats in tb* aaMer hereinafter prided; d. To receive 'logel l.la@ee fee* and pay tha some forthwith to the city, village, town or aunty treitsavr as the *see may be. ,fit on 6 e : Applications for such Iteensea shall be made to thelAq,+sor +ontrol ftmmiasicner in writiz g, signed by the applioant, if ca individ#ai, or by a duly authoriged agent thereof, if a corporation; if a oo- portn+ership by the persons entitled to a share in the profits thereof, verified by oath or affidavit and shall contain the following Information and statements: 80 The name, age,, and address of the applicant in tbg oass of an tmd&vIdnal; 1A 00 8460 of a 000»parternerahirp: the persfts itatitled to share in the profits tboreof, air I& the oass of a aorgorati.on, for profitb' the seta' off' incorporation, the objects for whlab it was or 2*49 the USADS d. eddr*99ev of the orflaers and directors; and if a ah$ on ty ' lu Jnte pes b of the stock of such' earporation is owed by one person or his nominee&, t66 namb end adivess of such person; b. The citizenship of the applicant, his place of ,e rtb, and if a naturalised alaiment the time and place ® his naturalization-, o. The character of business of the applicant; and In ease of a corporation, the objects for which it was formed; d. The 16e9th of tine that said applicant has NO* in business of that cberaaftr, or in the oaao of a e atioQ, the date on uhiah Its *barter was issued; ®. ThO 100010D and deeseriotiou of the promises or Pisa e of business Which is to be operated wAir such tlaenee; f. R statement whether applicant has made similar app1108tion for a sffiailar other license on promises Abor then deesoribetd in this aWloation, and the dispositlGIN of such appl;iaetiony g. d Statement that applIdaut has *ever been fit. elated of a felony and to not di.sgualified to recei"te a 11aenst by "reason of any motter yr thing contained is this oMIrMaee, lags of this state, or the orlinanass Of this Y11la&ej t 9 h. Whether a preri©ua license by any state or snb+• division thereof* or by the federal government, hag been revoked, and the reasons therefor) sad I- s ststes:ent that the applicant cant will not violate any of the lave or the state or minois or of the United States, or any ordinamm of this village in the conduct of his place of business. Aotian 7. Oo 11a980e shall be_ gmuted to 4M applieant until 66M, aap"ll t shall ftralsh +evideneee satlefaaetopy to the liquor oa1tz01 0m111e3s4 ' thot #Wh 090110an t is Goroved by a policy of dr'aa dgdp• insurance by a responsible Insuratne Company anthorinetl and iiaenaa►d to do bMinese in the $tats of Minois. Ins$trina amt riwicaut aagea nst lia bi,lity for any inJury or dest'h VU01% sudg;appli+oetnt CSy inour tattler the provisions of Chapter 43 or the n14nois iavlaedt statWtoe (1957 iW i Lion) In the assent of TWO Thftsaand ($1011000) W11ta to Torenty Thousnot ( 0, cemo) Donare far bonny insumy and death; Ten thousand Dollars for property d liability; and Ten Thouseaid (416A90"00) Donatre for loss of nestle of support. s 1 No 114enso shalt be Issued to any rsrson Ineligible to Veoelve some by virtue of paragraph 120 of Chapter 43 of the Illinois Revised Sfatutes (1957 edition). St# R. s,..« E,es . ► Termt no fee for any Class 2A% licence rated boftvM er shall be in the amount of lPlre &td"d 040003 Dollars per year. Each em* livensta shall tera in>9ate on the �..�..� ..,..e.... of next following its issuanoa. �"�"a fao to to paid; shall S; rer+i=eei In proportion to the full oaleader months whiek hsva aspired to the license yes** fte roe for MW gums s8e license gr*nt®d hereus,�71% eft ll be T40 00.003 Dollars. " 1 Uat1l othermise atl.terea or changed by crdinataeo or resoles taa of the Ord of Trutstees of the V1l.laP of gook, the UMber of Ma91es IRA* l,ioeas*a isseud within the Vil%age of Oakbrook shall be limited to one and the number 3f ®Lass "S" llcsesses shall not be liaalted. ASAU29 124 Rignalill'a of! t All license fees owl be paid to the President at the time mapplicati,on is made ana shell be fortifith t d ooey tio the Treasurer. to the event the 118ease applleA i°atr 1e dteat, the tee shell be reted to the appl 16am by the 3vasewer upon of tlr of the President. sovtlou 12. List: The Preaaldont shall he" or cause to be treat a ®omV1;t* rata ®rd 48d shall furnish the 0'1*rk and Tres ®aur®r each with a WMV therectl 90oft the issue of any now licenses or any revtaetitiiem of W old lieaease, the President shatll give mritstett Votic a to ea ®h or these orrice" of such aaetion. a d lioensro smell be "rely a persona privi, eve and shall not constitute pro"rtys nor shall it ' at to attaQbetnt, corns shmmt or execution,, tear a it bar ellenable or transferable, volnaturtly Orr InvOl untartly, or subject to beftS ewwbored Or hypothe4&U4. Such license shall not descend by the lase Of ftet®tO ar Intesstrte deve:u+tion. but it shell *ease upon the Meath of tbo licensee. Arovi"d that the oxeGaters or admintatrators of the estate of any deceased lioensh®, sM the trustee of any insolvent or bankrupt lioenseo, when such estate consists In part of alcoholic liquor,®ap continue the business mf the sale of alcoholic 1tquor under order of the appropriever ooi rt, and may exercise the privileges of the deceased or insolvtrt or bmcrupt wteensee after the death of such decedent, or such insolvency or bankruptvy until the expiration of such license but not longer then six months after the death, bankruptcy or Insolvency of such license$ & A refund a W I be made of that portion of the license ftes paid for any period to whloh the licensee shall be prevented from omrating under such peens® in saeoordanoc- with the provisions of this paragraph. Any holden of a Glass "A" license may renew ble license at the expiration thereof, provided that he to then qualified to receive m license and the promises for which sunh renewal 11aeoes is sought are emlUble for such purpose; AND, PNottiXO Fi3a°1`e t0 that the renewal privllege herein provided for shall not be oonstrtad as a vaete6 right which shall In any oase prevent the president and board of trustees from decreasing the number of ltcertees to be issued within his Surtedictione S2gil1,g?1 .1q. ..Change ,gt k2 ftj& i• A retail liquor dealer's license shalt, permit the sale of alodholla liquor only in the premises described in the application and license. Such Io'eatlon may be ehanged only upon the written permit to make such chamga Issued 'by the President: No oh*W of location shall be permitted unless the proposed now looati.on Is a proger one for the retail sale of alooholia liquor raider Us law of this state end the ordinances of the vlllage. to It 3 t All premises used for the metail sale of alsoho to 11"or," or for y�e 3terage of such liquor Iror stases sale, aball be kept in a steam said owdtary govdttirotc, 1tvA shall to Itept in full compliance with the ordinances regulating the condition of promises used for the storm or ,sale of, fend for hima consumption. s It shall be law- - ful to p optrn for bus v*sa and to admit the publics to any premises W or on which alcoholic liquor Is sold at retail each day of the week, Sundays included; provided, however, no person ahall sell at retail any alcoholic liquor on gran day of .any national, state, anunty or m uniolVA ssleaitisu, Including primary slootione, during the hours the polls are open within the polItleal area In ahisah such eleation to being hold. :3 Er It shall bat Unla ui for a licensees to *ell , give or deliver slcoh0116 liquor to ny minor or to any Intoxisated person or say person. known by t, to be a habitual drunkard, s3pen4tbrlft, feeble - minded or dxstracted person. a It shall be unlawful for any lioeusee hereunder to pex-m t or allow asy lewd woman or pros Wttute to remain In and shout any such- prealsee, or to allow or permit any seltoiting to prostitution praotlessa, to prostitution or lewdness. or any misbehavior to be conducted on said licensed premises. a 4 M a . 'Arq �' A • !' '+/' � ' �', ♦.� .'♦ � �' • ' + tit j ;�!� }/ .' ., .h �n,•.., , Section_ 19. AevM$tlon,: in addition to the other powers granted hereunder, the liquor control commissioner may revoke any license granted hereunder for` any violation of any provision of this ordinance or. for any violation of any state law pertaining to the sale of alcoholic liquor. Seotion,�20. Penalty.: Any person, firm or corporation violating any provisions ,�f this ordinance shall be fined not less than Fivc '.vo) Dollars nor more than Two Hundred (#200.00) Dollars for each offense; and a separate • ` offense shall. ,be deemed • committed'•on each day ,during or on which the vi.olhtion occurs or continues. s Section ,21 This ordinance shall take'effeot and be r in full force from and after its passage and publication as provided by last. Passed and approved by the President and Board of Trustees of the Village of Oak Brook, Du Page County, Illinois, this day of , A.D. 195" ' President True and correct copies of the above ordinance were posted by the undersigned at the following three prominent locations within the Village of Oakbrook this •� day of SIMUL , A. D. 1938. 3 VIQTW • Clark,